H-1B Remanded — Computer Science (2006): the AAO withdrew the director's initial denial, which was

Decision Summary

The AAO withdrew the director's initial denial, which was based on the employer-employee relationship and a lack of an itinerary of services, finding the petitioner had provided sufficient evidence. However, the case was remanded because the record did not establish that the computer programmer position qualifies as a specialty occupation. The AAO found that a bachelor's degree is not always the minimum requirement for programmers and the duties were not shown to be sufficiently specialized or complex.

Criteria Discussed

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